TAVARES — To critics who say State Attorney Ray Gill did a half-baked job of investigating misconduct allegations against two school officials, Gill replies, just try to make a perjury charge stick.

Gill -- who on Tuesday accepted a staff recommendation not to pursue perjury and official misconduct charges against Superintendent Freddie Garner and Assistant Superintendent Pat Galbreath -- said Wednesday there is not enough evidence to make a criminal case.

Garner and Galbreath were accused of writing and backdating two admonishments to be used as parallel evidence in their defense of a suit brought by vocational supervisor Ken Bragg. They also were accused of lying about their actions under oath.

Among the evidence Gill's staff reviewed was a transcript of Garner's testimony in depositions taken before the case was heard by a state hearing officer. During the interview, Bragg's lawyer, Steve Judson, showed Garner a letter of admonishment to Galbreath, signed by Garner and dated Nov. 11, 1986. Judson asked: ''Did you prepare it at or about Nov. 11, 1986?''

Garner replied: ''To the best of my knowledge of time.''

''And you signed it about that time?'' Judson asked.

''Yes,'' said Garner.

Although Garner later admitted he had signed the admonishment last spring, Gill said he couldn't pursue a perjury charge because Garner qualified his answer.

''There is a real distinction,'' Gill said. ''You really need two statements under oath one true and one untrue.'' He cited two Florida cases in which courts have ruled that witnesses who qualify their answers cannot be convicted of perjury.

''Criminal laws are narrowly interpreted by the court,'' said Gill. ''You have to prove within that narrow interpretation beyond a reasonable doubt. Yes, it is a cop-out court standards, but unless you can prove that a person did know and gave a wrong answer, it puts you right back in there.''

There was no question of charging Galbreath, because he recanted his testimony, acknowledging he had made a mistake.

Gill said there also was no evidence of corrupt intent in backdating the admonishments, which the state needs to successfully prosecute official misconduct cases.

''I've got to deal with what the law is,'' said Gill. Responding to criticism by school board member Ray Newman, who sought the investigation, he said, ''I don't think Mr. Newman's criticism is warranted just because we didn't come out with the results he obviously wanted.

''I have to judge a case based on the standards of criminal law,'' he said. ''Just as I have a constitutional duty to charge a person I think has committed a crime, I have a constitutional duty not to charge a person with a crime when he hasn't committed one.''

Gill also refuted suggestions that he is reluctant to prosecute public officials. He pointed to several cases during his four years in office, including prosecution of former Marion County Administrator Walt Seiler and Sumter County Commissioner Harry Lovett, as well as several police officers.